1 | A bill to be entitled |
2 | An act relating to the dismantling and destruction of |
3 | motor vehicles and mobile homes; amending s. 319.30, F.S.; |
4 | revising definitions; defining "certificate of title," |
5 | "derelict motor vehicle," "derelict motor vehicle |
6 | certificate," "recreational vehicle," and "salvage |
7 | certificate of title"; revising provisions that require |
8 | that certain documents accompany a motor vehicle or mobile |
9 | home sold, transported, or delivered to a salvage motor |
10 | vehicle dealer or a secondary metals recycler; providing |
11 | requirements for the transfer of a derelict motor vehicle |
12 | to a salvage motor vehicle dealer or a secondary metals |
13 | recycler; requiring the purchaser to record and maintain |
14 | certain information; providing for the use of a derelict |
15 | motor vehicle certificate if the certificate of title, |
16 | salvage certificate of title, or certificate of |
17 | destruction is not available; restricting reassignment of |
18 | a derelict motor vehicle certificate; providing penalties; |
19 | revising provisions for reporting to the Department of |
20 | Highway Safety and Motor Vehicles and cancellation of |
21 | title records; providing for an electronic notification |
22 | system to be established by the department; providing for |
23 | the placement of a hold on a motor vehicle or mobile home |
24 | in the possession of a salvage motor vehicle dealer or |
25 | secondary metals recycler by an agent or employee of the |
26 | department or a law enforcement officer who has reason to |
27 | believe that the motor vehicle or mobile home was stolen |
28 | or is fraudulently titled; authorizing the department to |
29 | adopt rules and charge described fees; amending s. 319.14, |
30 | F.S.; correcting a cross-reference; providing an effective |
31 | date. |
32 |
|
33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
|
35 | Section 1. Section 319.30, Florida Statutes, is amended to |
36 | read: |
37 | 319.30 Definitions; dismantling, destruction, change of |
38 | identity of motor vehicle or mobile home; salvage.-- |
39 | (1) As used in this section, the term: |
40 | (a) "Certificate of destruction" means the certificate |
41 | issued pursuant to s. 713.78(11) or s. 713.785(7)(a). |
42 | (b) "Certificate of registration number" means the |
43 | certificate of registration number issued by the Department of |
44 | Revenue of the State of Florida pursuant to s. 538.25. |
45 | (c) "Certificate of title" means the record that is |
46 | evidence of ownership of a vehicle, whether a paper certificate |
47 | authorized by the department or a certificate consisting of |
48 | information that is stored in an electronic form in the |
49 | department's database. |
50 | (d)(c) "Derelict" means any material which is or may have |
51 | been a motor vehicle or mobile home, which is not a major part |
52 | or major component part with or without all component parts, |
53 | which is inoperable, and which material is in such condition |
54 | that its highest or primary value is either in its sale or |
55 | transfer as scrap metal or for its component parts, or a |
56 | combination of the two. |
57 | (e) "Derelict motor vehicle" means any motor vehicle as |
58 | defined in s. 320.01(1) or mobile home as defined in s. |
59 | 320.01(2), with or without all parts, major parts, or major |
60 | component parts, that is valued under $1,000, is at least 10 |
61 | model years old, and is in such condition that its highest or |
62 | primary value is for sale, transport, or delivery to a licensed |
63 | salvage motor vehicle dealer or registered secondary metals |
64 | recycler for dismantling its component parts or conversion to |
65 | scrap metal. |
66 | (f) "Derelict motor vehicle certificate" means a |
67 | certificate completed by the derelict motor vehicle owner, the |
68 | owner's authorized transporter when different from the owner, |
69 | and the licensed salvage motor vehicle dealer or the registered |
70 | secondary metals recycler and submitted to the department for |
71 | cancellation of the title record of the derelict motor vehicle. |
72 | A derelict motor vehicle certificate can only be reassigned one |
73 | time in the event that the derelict motor vehicle certificate |
74 | was completed by a licensed salvage motor vehicle dealer and |
75 | then the derelict motor vehicle was sold to a secondary metals |
76 | recycler. |
77 | (g)(d) "Junk" means any material which is or may have been |
78 | a motor vehicle or mobile home, with or without all component |
79 | parts, which is inoperable and which material is in such |
80 | condition that its highest or primary value is either in its |
81 | sale or transfer as scrap metal or for its component parts, or a |
82 | combination of the two, except when sold or delivered to or when |
83 | purchased, possessed, or received by a secondary metals recycler |
84 | or salvage motor vehicle dealer. |
85 | (h)(e) "Major component parts" means: |
86 | 1. For motor vehicles other than motorcycles, the front- |
87 | end assembly (fenders, hood, grill, and bumper), cowl assembly, |
88 | rear body section (both quarter panels, trunk lid, door, |
89 | decklid, and bumper), floor pan, door assemblies, engine, frame, |
90 | transmission, and airbag. |
91 | 2. For trucks, in addition to those parts listed in |
92 | subparagraph 1., any truck bed, including dump, wrecker, crane, |
93 | mixer, cargo box, or any bed which mounts to a truck frame. |
94 | 3. For motorcycles, the body assembly, frame, fenders, gas |
95 | tanks, engine, cylinder block, heads, engine case, crank case, |
96 | transmission, drive train, front fork assembly, and wheels. |
97 | 4. For mobile homes, the frame. |
98 | (i)(f) "Major part" means the front-end assembly, cowl |
99 | assembly, or rear body section. |
100 | (j)(g) "Materials" means motor vehicles, derelicts, and |
101 | major parts that are not prepared materials. |
102 | (k)(h) "Mobile home" means mobile home as defined in s. |
103 | 320.01(2). |
104 | (l)(i) "Motor vehicle" means motor vehicle as defined in |
105 | s. 320.01(1). |
106 | (m)(j) "Parts" means parts of motor vehicles or |
107 | combinations thereof that do not constitute materials or |
108 | prepared materials. |
109 | (n)(k) "Personal identification card" means personal |
110 | identification card as defined in s. 538.18(5). |
111 | (o)(l) "Prepared materials" means motor vehicles, mobile |
112 | homes, derelict motor vehicles derelicts, major parts, or parts |
113 | that have been processed by mechanically flattening or crushing, |
114 | or otherwise processed such that they are not the motor vehicle |
115 | or mobile home described in the certificate of title, or their |
116 | only value is as scrap metal. |
117 | (p)(m) "Processing" means the business of performing the |
118 | manufacturing process by which ferrous metals or nonferrous |
119 | metals are converted into raw material products consisting of |
120 | prepared grades and having an existing or potential economic |
121 | value, or the purchase of materials, prepared materials, or |
122 | parts therefor. |
123 | (q) "Recreational vehicle" means motor vehicle as defined |
124 | in s. 320.01(1). |
125 | (r)(n) "Salvage" means a motor vehicle or mobile home |
126 | which is a total loss as defined in paragraph (3)(a). |
127 | (s) "Salvage certificate of title" means a salvage |
128 | certificate of title issued by the department or by another |
129 | motor vehicle department authorized to issue titles in another |
130 | state. |
131 | (t)(o) "Salvage motor vehicle dealer" means salvage motor |
132 | vehicle dealer as defined in s. 320.27(1)(c)5. |
133 | (u)(p) "Secondary metals recycler" means secondary metals |
134 | recycler as defined in s. 538.18(8). |
135 | (2)(a) Each person mentioned as owner in the last issued |
136 | certificate of title, when such motor vehicle or mobile home is |
137 | dismantled, destroyed, or changed in such manner that it is not |
138 | the motor vehicle or mobile home described in the certificate of |
139 | title, shall surrender his or her certificate of title to the |
140 | department, and thereupon the department shall, with the consent |
141 | of any lienholders noted thereon, enter a cancellation upon its |
142 | records. Upon cancellation of a certificate of title in the |
143 | manner prescribed by this section, the department may cancel and |
144 | destroy all certificates in that chain of title. Any person who |
145 | willfully and deliberately violates this paragraph commits a |
146 | misdemeanor of the second degree, punishable as provided in s. |
147 | 775.082 or s. 775.083. |
148 | (b)1. When a motor vehicle, recreational vehicle, or |
149 | mobile home is sold, transported, or delivered to a salvage |
150 | motor vehicle dealer, it shall be accompanied by: |
151 | a. A valid certificate of title issued in the name of the |
152 | seller or properly endorsed over to the seller; |
153 | b. A valid salvage certificate of title issued in the name |
154 | of the seller or properly endorsed over to the seller; or |
155 | c. A valid certificate of destruction issued in the name |
156 | of the seller or properly endorsed over to the seller. |
157 | 1. A properly endorsed certificate of title, salvage |
158 | certificate of title, or vehicle certificate of destruction |
159 | issued by the department; or |
160 | 2. If the certificate of title has been surrendered to the |
161 | department, a notarized affidavit signed by the owner stating |
162 | that the title has been returned to the State of Florida |
163 | pursuant to paragraph (a), the date on which such return was |
164 | made, the year, make, and vehicle identification number of the |
165 | motor vehicle, and the name, address, and personal |
166 | identification card number of the owner. Any person who |
167 | willfully and deliberately violates this paragraph subparagraph |
168 | by selling, transporting, delivering, purchasing, or receiving a |
169 | motor vehicle, recreational vehicle, or mobile home without |
170 | obtaining a properly endorsed certificate of title, salvage |
171 | certificate of title, or certificate of destruction from the |
172 | owner falsifying a required affidavit commits a felony of the |
173 | third degree, punishable as provided in s. 775.082, s. 775.083, |
174 | or s. 775.084. |
175 | (c)1. When a derelict motor vehicle is sold, transported, |
176 | or delivered to a licensed salvage motor vehicle dealer, the |
177 | purchaser shall record the date of purchase and the name, |
178 | address, and personal identification card number of the person |
179 | selling the derelict motor vehicle, and it shall be accompanied |
180 | by: |
181 | a. A valid certificate of title issued in the name of the |
182 | seller or properly endorsed over to the seller; |
183 | b. A valid salvage certificate of title issued in the name |
184 | of the seller or properly endorsed over to the seller; or |
185 | c. A valid certificate of destruction issued in the name |
186 | of the seller or properly endorsed over to the seller. |
187 | 2. If the certificate of title, salvage certificate of |
188 | title, or certificate of destruction is not available, a |
189 | derelict motor vehicle certificate shall be completed by the |
190 | owner of the motor vehicle or mobile home, the owner's |
191 | authorized transporter, and the licensed salvage motor vehicle |
192 | dealer at the time of sale, transport, or delivery to the |
193 | licensed salvage motor vehicle dealer. The derelict motor |
194 | vehicle certificate shall be used by the owner, the owner's |
195 | authorized transporter, and the licensed salvage motor vehicle |
196 | dealer. The licensed salvage motor vehicle dealer shall secure |
197 | the motor vehicle or mobile home for 3 full business days, |
198 | excluding weekends and holidays, before destroying or |
199 | dismantling the derelict motor vehicle and shall follow all |
200 | reporting procedures established by the department, including |
201 | electronic notification to the department or delivery of the |
202 | original derelict motor vehicle certificate to an agent of the |
203 | department within 24 hours after receiving the derelict motor |
204 | vehicle. |
205 | 3. Any person who willfully and deliberately violates this |
206 | paragraph by selling, transporting, delivering, purchasing, or |
207 | receiving a derelict motor vehicle without obtaining a |
208 | certificate of title, salvage certificate of title, certificate |
209 | of destruction, or derelict motor vehicle certificate; enters |
210 | false or fictitious information on a derelict motor vehicle |
211 | certificate; does not complete the derelict motor vehicle |
212 | certificate as required or does not make the required |
213 | notification to the department; or destroys or dismantles a |
214 | derelict motor vehicle without waiting the required 3 full |
215 | business days Anyone who willfully and knowingly induces a |
216 | person to sign an affidavit that falsely asserts that the |
217 | vehicle title has been surrendered to the department commits a |
218 | felony of the third degree, punishable as provided in s. |
219 | 775.082, or s. 775.083, or s. 775.084. |
220 | (3)(a)1. As used in this section, a motor vehicle or |
221 | mobile home is a "total loss": |
222 | a. When an insurance company pays the vehicle owner to |
223 | replace the wrecked or damaged vehicle with one of like kind and |
224 | quality or when an insurance company pays the owner upon the |
225 | theft of the motor vehicle or mobile home; or |
226 | b. When an uninsured motor vehicle or mobile home is |
227 | wrecked or damaged and the cost, at the time of loss, of |
228 | repairing or rebuilding the vehicle is 80 percent or more of the |
229 | cost to the owner of replacing the wrecked or damaged motor |
230 | vehicle or mobile home with one of like kind and quality. |
231 | 2. A motor vehicle or mobile home shall not be considered |
232 | a "total loss" if the insurance company and owner of a motor |
233 | vehicle or mobile home agree to repair, rather than to replace, |
234 | the motor vehicle or mobile home. However, if the actual cost to |
235 | repair the motor vehicle or mobile home to the insurance company |
236 | exceeds 100 percent of the cost of replacing the wrecked or |
237 | damaged motor vehicle or mobile home with one of like kind and |
238 | quality, the owner shall forward to the department, within 72 |
239 | hours after the agreement, a request to brand the certificate of |
240 | title with the words "Total Loss Vehicle." Such a brand shall |
241 | become a part of the vehicle's title history. |
242 | (b) The owner, including persons who are self-insured, of |
243 | any motor vehicle or mobile home which is considered to be |
244 | salvage shall, within 72 hours after the motor vehicle or mobile |
245 | home becomes salvage, forward the title to the motor vehicle or |
246 | mobile home to the department for processing. However, an |
247 | insurance company which pays money as compensation for total |
248 | loss of a motor vehicle or mobile home shall obtain the |
249 | certificate of title for the motor vehicle or mobile home and, |
250 | within 72 hours after receiving such certificate of title, shall |
251 | forward such title to the department for processing. The owner |
252 | or insurance company, as the case may be, may not dispose of a |
253 | vehicle or mobile home that is a total loss before it has |
254 | obtained a salvage certificate of title or certificate of |
255 | destruction from the department. When applying for a salvage |
256 | certificate of title or certificate of destruction, the owner or |
257 | insurance company must provide the department with an estimate |
258 | of the costs of repairing the physical and mechanical damage |
259 | suffered by the vehicle for which a salvage certificate of title |
260 | or certificate of destruction is sought. If the estimated costs |
261 | of repairing the physical and mechanical damage to the vehicle |
262 | are equal to 80 percent or more of the current retail cost of |
263 | the vehicle, as established in any official used car or used |
264 | mobile home guide, the department shall declare the vehicle |
265 | unrebuildable and print a certificate of destruction, which |
266 | authorizes the dismantling or destruction of the motor vehicle |
267 | or mobile home described therein. However, if the damaged motor |
268 | vehicle is equipped with custom-lowered floors for wheelchair |
269 | access or a wheelchair lift, the insurance company may, upon |
270 | determining that the vehicle is repairable to a condition that |
271 | is safe for operation on public roads, submit the certificate of |
272 | title to the department for reissuance as a salvage rebuildable |
273 | title and the addition of a title brand of "insurance-declared |
274 | total loss." The This certificate of destruction shall be |
275 | reassignable a maximum of two times before dismantling or |
276 | destruction of the vehicle shall be required, and shall |
277 | accompany the motor vehicle or mobile home for which it is |
278 | issued, when such motor vehicle or mobile home is sold for such |
279 | purposes, in lieu of a certificate of title, and, thereafter, |
280 | the department shall refuse issuance of any certificate of title |
281 | for that vehicle. Nothing in this subsection shall be applicable |
282 | when a vehicle is worth less than $1,500 retail in undamaged |
283 | condition in any official used motor vehicle guide or used |
284 | mobile home guide or when a stolen motor vehicle or mobile home |
285 | is recovered in substantially intact condition and is readily |
286 | resalable without extensive repairs to or replacement of the |
287 | frame or engine. Any person who willfully and deliberately |
288 | violates this paragraph or falsifies any document to avoid the |
289 | requirements of this paragraph commits a misdemeanor of the |
290 | first degree, punishable as provided in s. 775.082 or s. |
291 | 775.083. |
292 | (4) It is unlawful for any person to have in his or her |
293 | possession any motor vehicle or mobile home when the |
294 | manufacturer's or state-assigned identification number plate or |
295 | serial plate has been removed therefrom. |
296 | (a) Nothing in this subsection shall be applicable when a |
297 | vehicle defined in this section as a derelict or salvage was |
298 | purchased or acquired from a foreign state requiring such |
299 | vehicle's identification number plate to be surrendered to such |
300 | state, provided the person shall have an affidavit from the |
301 | seller describing the vehicle by manufacturer's serial number |
302 | and the state to which such vehicle's identification number |
303 | plate was surrendered. |
304 | (b) Nothing in this subsection shall be applicable if a |
305 | certificate of destruction has been obtained for the vehicle. |
306 | (5)(a) It is unlawful for any person to knowingly possess, |
307 | sell, or exchange, offer to sell or exchange, or give away any |
308 | certificate of title or manufacturer's or state-assigned |
309 | identification number plate or serial plate of any motor |
310 | vehicle, mobile home, or derelict that has been sold as salvage |
311 | contrary to the provisions of this section, and it is unlawful |
312 | for any person to authorize, direct, aid in, or consent to the |
313 | possession, sale, or exchange or to offer to sell, exchange, or |
314 | give away such certificate of title or manufacturer's or state- |
315 | assigned identification number plate or serial plate. |
316 | (b) It is unlawful for any person to knowingly possess, |
317 | sell, or exchange, offer to sell or exchange, or give away any |
318 | manufacturer's or state-assigned identification number plate or |
319 | serial plate of any motor vehicle or mobile home that has been |
320 | removed from the motor vehicle or mobile home for which it was |
321 | manufactured, and it is unlawful for any person to authorize, |
322 | direct, aid in, or consent to the possession, sale, or exchange |
323 | or to offer to sell, exchange, or give away such manufacturer's |
324 | or state-assigned identification number plate or serial plate. |
325 | (c) This chapter does not apply to anyone who removes, |
326 | possesses, or replaces a manufacturer's or state-assigned |
327 | identification number plate, in the course of performing repairs |
328 | on a vehicle, that require such removal or replacement. If the |
329 | repair requires replacement of a vehicle part that contains the |
330 | manufacturer's or state-assigned identification number plate, |
331 | the manufacturer's or state-assigned identification number plate |
332 | that is assigned to the vehicle being repaired will be installed |
333 | on the replacement part. The manufacturer's or state-assigned |
334 | identification number plate that was removed from this |
335 | replacement part will be installed on the part that was removed |
336 | from the vehicle being repaired. |
337 | (6)(a) In the event of a purchase by a salvage motor |
338 | vehicle dealer of materials or major component parts for any |
339 | reason, the purchaser shall: |
340 | 1.(a) For each item of materials or major component parts |
341 | purchased, the salvage motor vehicle dealer shall record the |
342 | date of purchase and the, name, and address of the seller, and |
343 | the personal identification card number of the person selling |
344 | delivering such items, as well as the vehicle identification |
345 | number, if available. |
346 | 2.(b) With respect to each item of materials or major |
347 | component parts purchased, obtain such documentation as may be |
348 | required by subsection (2). |
349 | (b) Any person who violates this subsection commits a |
350 | felony of the third degree misdemeanor of the first degree, |
351 | punishable as provided in s. 775.082, or s. 775.083, or s. |
352 | 775.084. |
353 | (7)(a) In the event of a purchase by a secondary metals |
354 | recycler, that has been issued a certificate of registration |
355 | number, of: |
356 | 1.(a) Materials, prepared materials, or parts from any |
357 | seller for purposes other than the processing of such materials, |
358 | prepared materials, or parts, the purchaser shall obtain such |
359 | documentation as may be required by this section, and shall |
360 | record the seller's name and address, date of purchase, and the |
361 | personal identification card number of the person delivering |
362 | such items. |
363 | 2.(b) Parts or prepared materials from any seller for |
364 | purposes of the processing of such parts or prepared materials, |
365 | the purchaser shall record the seller's name and address and |
366 | date of purchase; and, in the event of a purchase transaction |
367 | consisting primarily of parts or prepared materials, the |
368 | personal identification card number of the person delivering |
369 | such items. |
370 | 3.(c) Materials from another secondary metals recycler for |
371 | purposes of the processing of such materials, the purchaser |
372 | shall record the seller's name and, address, and date of |
373 | purchase. |
374 | 4.a.(d) Motor vehicles, recreational vehicles, mobile |
375 | homes, or derelict motor vehicles derelicts from other than a |
376 | secondary metals recycler for purposes of the processing of such |
377 | motor vehicles, recreational vehicles, mobile homes, or derelict |
378 | motor vehicles derelicts, the purchaser shall record the date of |
379 | purchase and the seller's name, address, date of purchase, and |
380 | the personal identification card number of the person selling |
381 | delivering such items, and shall obtain the following |
382 | documentation from the seller with respect to each item |
383 | purchased: |
384 | (I)1. A valid certificate of title issued in the name of |
385 | the seller or properly endorsed over to the seller; |
386 | (II)2. A valid certificate of destruction issued in the |
387 | name of the seller or properly endorsed over to the seller; or |
388 | (III)3. A valid derelict motor vehicle certificate |
389 | completed by a licensed salvage motor vehicle dealer and |
390 | properly reassigned to the secondary metals recycler. |
391 | b. If a valid certificate of title, salvage certificate of |
392 | title, or a valid certificate of destruction, or derelict motor |
393 | vehicle certificate is not available and the motor vehicle or |
394 | mobile home is a derelict motor vehicle, a derelict motor |
395 | vehicle certificate shall be completed by the owner of the motor |
396 | vehicle or mobile home, the owner's authorized transporter, and |
397 | the registered secondary metals recycler at the time of sale, |
398 | transport, or delivery to the registered secondary metals |
399 | recycler. The derelict motor vehicle certificate shall be used |
400 | by the owner, the owner's authorized transporter, and the |
401 | registered secondary metals recycler. The registered secondary |
402 | metals recycler shall secure the derelict motor vehicle for 3 |
403 | full business days, excluding weekends and holidays, before |
404 | destroying or dismantling the derelict motor vehicle and shall |
405 | follow all reporting procedures established by the department, |
406 | including electronic notification to the department or delivery |
407 | of the original derelict motor vehicle certificate to an agent |
408 | of the department within 24 hours after receiving the derelict |
409 | motor vehicle an affidavit signed by the seller stating that the |
410 | seller returned the certificate of title to the State of Florida |
411 | pursuant to subsection (2) and the date on which such return was |
412 | made, and setting forth the vehicle identification number of |
413 | such motor vehicle, mobile home, or derelict. |
414 | c. Any person who willfully and deliberately violates this |
415 | subparagraph by selling, transporting, delivering, purchasing, |
416 | or receiving a motor vehicle, recreational motor vehicle, mobile |
417 | home, or derelict motor vehicle without obtaining a certificate |
418 | of title, salvage certificate of title, certificate of |
419 | destruction, or derelict motor vehicle certificate; enters false |
420 | or fictitious information on a derelict motor vehicle |
421 | certificate; does not complete the derelict motor vehicle |
422 | certificate as required or does not make the required |
423 | notification to the department; or destroys or dismantles a |
424 | derelict motor vehicle without waiting the required 3 full |
425 | business days commits a felony of the third degree, punishable |
426 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
427 | 5.(e) Major parts from other than a secondary metals |
428 | recycler for purposes of the processing of such major parts, the |
429 | purchaser shall record the seller's name, address, date of |
430 | purchase, and the personal identification card number of the |
431 | person delivering such items, as well as the vehicle |
432 | identification number, if available, of each major part |
433 | purchased. |
434 | (b) Any person who violates this subsection commits a |
435 | felony of the third degree, punishable as provided in s. |
436 | 775.082, s. 775.083, or s. 775.084. |
437 | (8)(a) Secondary metals recyclers and salvage motor |
438 | vehicle dealers shall return to the department on a monthly |
439 | basis all certificates of title and salvage certificates of |
440 | title that are required by this section to be obtained. |
441 | Secondary metals recyclers and salvage motor vehicle dealers may |
442 | elect to notify the department electronically through procedures |
443 | established by the department when they receive each motor |
444 | vehicle or mobile home, salvage motor vehicle or mobile home, or |
445 | derelict motor vehicle with a certificate of title or salvage |
446 | certificate of title through procedures established by the |
447 | department. The department may adopt rules and establish fees as |
448 | it deems necessary or proper for the administration of the |
449 | electronic notification service. |
450 | (b) Secondary metals recyclers and salvage motor vehicle |
451 | dealers shall keep originals, or a copy in the event the |
452 | original was returned to the department, of all certificates of |
453 | title, salvage certificates of title, certificates of |
454 | destruction, derelict motor vehicle certificates all |
455 | certificates of destruction, seller's affidavits, and all other |
456 | information required by this section to be recorded or obtained, |
457 | on file in the offices of such secondary metals recyclers or |
458 | salvage motor vehicle dealers for a period of 3 years after from |
459 | the date of purchase of the items reflected in such certificates |
460 | of title, salvage certificates of title, certificates of |
461 | destruction, or derelict motor vehicle certificates seller's |
462 | affidavits. These records shall be maintained in chronological |
463 | order. |
464 | (c) For the purpose of enforcement of this section, the |
465 | department or its agents and employees have the same right of |
466 | inspection as law enforcement officers as provided in s. |
467 | 812.055. |
468 | (d) Whenever the department, its agent or employee, or any |
469 | law enforcement officer has reason to believe that a stolen or |
470 | fraudulently titled motor vehicle, mobile home, recreational |
471 | vehicle, salvage motor vehicle, or derelict motor vehicle is in |
472 | the possession of a salvage motor vehicle dealer or secondary |
473 | metals recycler, the department, its agent or employee, or the |
474 | law enforcement officer may issue a hold notice, not to exceed 5 |
475 | business days, excluding weekends and holidays, to the salvage |
476 | motor vehicle dealer or registered secondary metals recycler. |
477 | (e) Whenever a salvage motor vehicle dealer or registered |
478 | secondary metals recycler is notified by the department, its |
479 | agent or employee, or any law enforcement officer to hold a |
480 | motor vehicle, mobile home, recreational vehicle, salvage motor |
481 | vehicle, or derelict motor vehicle that is believed to be stolen |
482 | or fraudulently titled, the salvage motor vehicle dealer or |
483 | registered secondary metals recycler shall hold the motor |
484 | vehicle, mobile home, recreational vehicle, salvage motor |
485 | vehicle, or derelict motor vehicle and may not dismantle or |
486 | destroy the motor vehicle, mobile home, recreational vehicle, |
487 | salvage motor vehicle, or derelict motor vehicle until it is |
488 | recovered by law enforcement, the hold is released by the |
489 | department or the law enforcement officer placing the hold, or |
490 | the 5 working days has passed since being notified of the hold. |
491 | (f) The department is authorized to adopt rules pursuant |
492 | to ss. 120.536(1) and 120.54 establishing policies and |
493 | procedures to administer and enforce this section. |
494 | (g) The department shall charge a fee of $3 for each |
495 | derelict motor vehicle certificate delivered to the department |
496 | or one of its agents for processing and shall mark the title |
497 | record canceled. A service charge may be collected under s. |
498 | 320.04. |
499 | (9) Except as otherwise provided in this section, any |
500 | person who violates this section commits a felony of the third |
501 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
502 | 775.084. |
503 | Section 2. Paragraph (b) of subsection (1) of section |
504 | 319.14, Florida Statutes, is amended to read: |
505 | 319.14 Sale of motor vehicles registered or used as |
506 | taxicabs, police vehicles, lease vehicles, or rebuilt vehicles |
507 | and nonconforming vehicles.-- |
508 | (1) |
509 | (b) No person shall knowingly offer for sale, sell, or |
510 | exchange a rebuilt vehicle until the department has stamped in a |
511 | conspicuous place on the certificate of title for the vehicle |
512 | words stating that the vehicle has been rebuilt or assembled |
513 | from parts, or is a kit car, glider kit, replica, or flood |
514 | vehicle unless proper application for a certificate of title for |
515 | a vehicle that is rebuilt or assembled from parts, or is a kit |
516 | car, glider kit, replica, or flood vehicle has been made to the |
517 | department in accordance with this chapter and the department |
518 | has conducted the physical examination of the vehicle to assure |
519 | the identity of the vehicle and all major component parts, as |
520 | defined in s. 319.30(1)(e), which have been repaired or |
521 | replaced. Thereafter, the department shall affix a decal to the |
522 | vehicle, in the manner prescribed by the department, showing the |
523 | vehicle to be rebuilt. |
524 | Section 3. This act shall take effect October 1, 2008. |